BLAW 4001 Ch 7

Generally, copyright owners are protected against the following:

-Reproduction of the work. -Development of derivative works. -Distribution of the work. -Public display of the work.

Persons found guilty of violating the SCMGA may be fined up to _ _ or imprisoned for up to _ years (or more if they are repeat offenders)

2 million; 10

Under the ___ , when a U.S. citizen writes a book, every signatory to that convention recognizes the U.S. author's copyright

Berne Convention

Section 109(a) of the Copyright Act provides that the owner of a particular item that is copyrighted can, without the authority of the copyright owner, sell or otherwise dispose of it.

First Sale Doctrine

is an intangible property right granted by federal statute to the author or originator of certain literary or artistic productions.

copyright

Under Section 102 of the Copyright Act, copyright protection is specifically excluded for any: a) idea. b) procedure. c) process. d) all of these choices

d

There are several remedies available to a copyright owner for copyright infringement. Select three of them from this list. a. Liens b. Rescission c. Specific performance d. Damages e. Injunction f. Criminal penalties

d, e, f

The two weakest categories of a mark's strength are

descriptive and generic marks

define a particular characteristic of the product in a way that does not require any imagination

descriptive marks

requires an association between the marks that impairs the distinctiveness or harms the reputation of the product.

dilution

A collective mark is used to distinguish the services of one person or company from those of another. True False

false

A trademark must be registered to support a trademark infringement action. True False

false

Trademark dilution requires proof that consumers are likely to be confused by the unauthorized use of the mark. True False

false

These are the two strongest categories of a mark's strength and trigger the highest degree of trademark protection.

fanciful and arbitrary marks

employ words and phrases with no commonly understood connection to the product.

fanciful and arbitrary marks

describe the product in its entirety and are not entitled to trademark protection.

generic marks

Protection of trade secrets extends to both

ideas and their expressions

is an agreement permitting the use of a trademark, copyright, patent, or trade secret for certain limited purposes.

license

is a grant from the government that gives an inventor the exclusive right to make, use, and sell an invention for a period of twenty years (fourteen years for a design patent) from the date when the application for a patent is filed.

patent

There is no __ requirement for trade secrets

registration

is essentially a trademark that is used to distinguish the services (rather than the products) of one person or company from those of another.

service mark

The act made it a crime to intentionally traffic in, or attempt to traffic in, counterfeit goods or services, or to knowingly use a counterfeit mark on or in connection with goods or services.

stop counterfeiting in manufactured goods act

was enacted to combat counterfeit goods.

stop counterfeiting in manufactured goods act

suggest a product's features and require consumers to use some imagination to associate the suggestive mark with the product, are in the middle of the spectrum

suggestive marks

Purposes for which the reproduction of a particular work may be considered fair include

teaching, scholarship, and research

In certain circumstances, a person or organization can reproduce copyrighted material without paying royalties.

the "fair use" exception

refers to the image and overall appearance of a product.

trade dress

refers to part or all of a business's name, whether the business is a sole proprietorship, a partnership, or a corporation.

trade name

are basically information of commercial value and include customer lists, plans, research and development, and pricing information.

trade secrets

a distinctive word, symbol, sound, or design that identifies the manufacturer as the source of the goods and distinguishes its products from those made or sold by others.

trademark

The unauthorized use of a distinctive and famous mark in a way that impairs the mark's distinctiveness or harms its reputation.

trademark dilution

occurs when one party uses a mark that is the same as, or confusingly similar to, the protected trademark, service mark, certification mark, collective mark, or trade name of another party without permission when marketing goods or services

trademark infringement

A person can reproduce copyrighted material for purposes such as teaching, including multiple copies for classroom use, without paying royalties, so long as the activity is noncommercial. True False

true

A personal name is protected under trademark law if it acquires a secondary meaning. True False

true

Trade dress has the same legal protection as trademarks. True False

true

Widely known facts and common sequences are not copyrightable. a. True b. False

true

Agreement establishes standards for international protection of patents, trademarks, and copyrights

TRIPS

made the theft of trade secrets a federal crime.

The Economic Espionage Act

Various international agreements provide international protection for intellectual property. A landmark agreement is the

Trade-Related Aspects of Intellectual Property

Donna makes and distributes copies of Every Good Boy Does Fine, a movie copyrighted by Great Films Corporation, without Great Films' permission. Donna may be liable for: a) damages, fines, and/or imprisonment. b) fines or imprisonment only. c) nothing. d) damages only.

a

Julie, a teacher, wants to use a small portion of a novel for use in class to discuss the different perspectives of environmentalism. Use of this material likely is allowable under the: a) Fair Use Doctrine. b) Educational Practices Doctrine. c) First Amendment. d) First Sale Doctrine.

a

The distinctive color, furniture, labels, logos, and employee uniforms that might be used by a company are known as its: a. collective mark. b. trade dress. c. trademark. d. formal trade list.

b

The structure, sequence and organization of a computer program is protected by copyright, but for the most part, not its: a) binary-language object code. b) general appearance on screen. c) source code. d) print outs

b

A mark may be registered as a trademark with the federal government if it meets one of two criteria. Select the two correct criteria. a. If it currently has been documented b. If it is intended to be in use in commerce within six months c. If it currently is being used in commerce d. If it is intended to be in use in commerce within two years

b and c

is used by one or more persons, other than the owner, to certify the region, materials, mode of manufacture, quality, or other characteristic of specific goods or services.

certification mark

When used by members of a cooperative, association, labor union, or other organization, a certification mark is referred to as a

collective mark

The major federal statutes protecting trademarks and related property are the

Lanham Act and the Federal Trademark Dilution Act

Protocol allows a U.S. company to register its trademark abroad by submitting a single application and designating in which other countries the trademark shall be registered.

Madrid